1. Sexual Assault Prevention and Response (SAPR) Post-deployment Brief
UNCLASSIFIED
Sexual Assault Prevention and Response (SAPR) Post-deployment Brief
Welcome the participants to the Sexual Assault Prevention and Response (SAPR) post-deployment brief. This training includes sections that ask you to question your beliefs about how you would respond to a sexual assault. Ask for a show of hands of those who have ever attended SAPR training. Acknowledge that this mandatory brief is to build on that training, ensure victims receive assistance, and to provide tips to help prevent a sexual assault.
UNCLASSIFIED
September 2014

2. Objectives Explain Navy Sexual Assault support services eligibility.
Explain available services, reporting options, and eligibility benefits for service members and the Reserve component.
Explain Military Rules of Evidence (MRE 514).
Identify available resources.
The SAPR post-deployment brief will:
Explain Navy Sexual Assault support services eligibility.
Explain available services, reporting options, and eligibility benefits for service members and the Reserve component.
Explain the Military Rules of Evidence (MRE 514).
Identify available resources.
Before getting started, review these “Helpful Tips”:
If this is your first time facilitating the training, talk with someone who has previously facilitated a SAPR brief.
Review the training prior to facilitation.
Prior to the brief, check in with your commanding officer to confirm the allotted time.
Check in with the SARC for resource materials, such as brochures.
Reserve equipment, if needed.
This is a sensitive topic, so let participants know that they are free to step out if they need to take a break.

3. DoD and DoN Sexual Assault Policies
Review the training slides with the participants. DoD and Navy SAPR policy include:
DoD Instruction , “Sexual Assault Prevention and Response (SAPR) Program Procedures Ch. 1,” 12 February 2014
DoD Directive , “Sexual Assault Prevention and Response (SAPR) Program,” 23 January 2012
SECNAVINST B, “Sexual Assault Prevention and Response Program,” 8 August 2013
OPNAVINST B, “Sexual Assault Victim Intervention (SAVI) Program,” 29 December 2006

4. Navy Sexual Assault Support Services Eligibility
The SAPR Program provides services for victims who are 18 or older, and whose perpetrator is not an intimate partner. This includes victims of sexual assault, rape, or sodomy; unwanted or abusive sexual contact; and any attempts to commit these above acts.
The following personnel are eligible for SAPR services:
-- Active-duty service members and their legal dependents
-- Reservists who are sexually assaulted while performing active service and inactive duty training, and their legal dependents
-- Civilians of incidents occurring on DoD/DoN jurisdiction
-- Retired members of the military services and their legal family members (on a space-available basis)
The SAPR Program provides services for victims who are 18 or older, and whose perpetrator is not an intimate partner. This includes victims of sexual assault, rape, or sodomy; unwanted or abusive sexual contact; and any attempts to commit these above acts.
The following personnel are eligible for SAPR services:
Active-duty service members and their legal dependents
Reservists who are sexually assaulted while performing active service and inactive duty training, and their legal dependents
Civilians of incidents occurring on DoD/DoN jurisdiction
Retired members of the military services and their legal family members (on a space-available basis)
Notes:
1. National Guard (NG) and Reserve component members who report a sexual assault that occurred prior to or while not performing active service or inactive training will be eligible to receive limited SAPR support services from a SARC and a SAPR VA, and are eligible to file a Restricted or Unrestricted Report.
2. The Family Advocacy Program, consistent with DoDD and DoD Instruction , covers adult military dependent sexual assault victims who are assaulted by a spouse or intimate partner and military dependent sexual assault victims who are 17 years of age and younger.

5. DoN Sexual Assault Policy
DoN sexual assault policy applies to:
Both on post and off post
During duty and non-duty hours
Work, living and recreational environments
All locations, including deployed locations
The SAPR policy applies 24 hours a day, 365 days per year:
Both on post and off post
During duty and non-duty hours
At work, and in living and recreational environments
In all locations, including deployed locations

6. Definition of Sexual Assault
Intentional sexual contact is characterized by the use of:
Force
Threats
Intimidation
Abuse of authority
Or, when the victim does not or cannot consent
The first step in understanding the SAPR Program and SAPR policies is to have a clear understanding of the definition of sexual assault. Sexual assault is defined by the Department of Defense as intentional sexual contact, characterized by the use of force, threats, intimidation, abuse of authority, or when the victim does not or (by reason of legal age or incompetence) cannot consent. Sexual assault includes rape, forcible sodomy (oral or anal sex), and other unwanted sexual contact that is aggravated, abusive, or wrongful (to include unwanted and inappropriate sexual contact), or attempts to commit these acts.
It is important to be aware that sexual assault describes various acts of sexual violence, of which rape is only one form. Therefore, this course will primarily use the term sexual assault.
DoDD

7. Definition and Types of Sexual Assault
Rape*
Sexual intercourse without consent
Forcible Sodomy*
Oral or anal sex without consent
Unwanted Sexual Contact*
Groping, grabbing, fondling, or touching of a sexual nature without consent
* Includes attempts to commit these acts
DoDD

8. Definition of Sexual Harassment
Sexual Harassment is a form of gender discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
A person’s employment, pay, or career is placed at risk
It creates an intimidating, hostile, or offensive work environment
Sexual harassment incidents are referred to the Military Equal Opportunity Program.
Sexual harassment is a form of gender discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
A person’s employment, pay, or career is placed at risk
It creates an intimidating, hostile, or offensive work environment
Sexual harassment incidents are referred to the Military Equal Opportunity Program.
Sexual harassment and sexual assault can start with innuendos or flirting, but can also lead to uncomfortable harassment, and finally assault.

9. Sexual Assault vs. Sexual Harassment
Violation of UCMJ
Is always a crime
May be a crime
Unwanted and uninvited sexual behaviors
Gender neutral
Covered under SAPR
Covered under Military Equal Opportunity Program
Can occur anywhere
Occurs in work or school settings
Victims can make confidential/restricted reports
All reports go to chain of command
It is important to distinguish between sexual assault and sexual harassment. The Navy’s efforts to prevent and address incidents of sexual harassment fall under its Military Equal Opportunity Program. Each command should have a designated point of contact for receiving complaints, often the Equal Opportunity advisor (EOA), Command Managed Equal Opportunity (CMEO) manager, command master chief (CMC), or executive officer (XO).

10. Military Rules of Evidence (MRE) 514
Under MRE 514, a victim can now refuse to disclose communications made with his or her victim advocate when those conversations:
-- Are made for the purpose of facilitating advice or supportive assistance, and
-- When they are not intended to be disclosed to a third party
A victim advocate, which includes the Sexual Assault Response Coordinator (SARC), can refuse to disclose these conversations on behalf of the victim.
-- This privilege applies to all stages of a UCMJ proceeding – from an initial investigation of the crime by law enforcement to a court martial.
Under MRE 514, a victim now can refuse to disclose communications made with his or her victim advocate when those conversations:
Are made for the purpose of facilitating advice or supportive assistance, and
When they are not intended to be disclosed to a third party
A victim advocate, which includes the Sexual Assault Response Coordinator (SARC), can refuse to disclose these conversations on behalf of the victim.
This privilege applies to all stages of a UCMJ proceeding – from an initial investigation of the crime by law enforcement to a court-martial.

11. The Unit SAPR VA’s Role in the Response to Sexual Assault

12. Response Protocol
Immediate Response
Sources of Reports
1. Assesses victim’s immediate needs (medical, safety, etc.)
Unit SAPR
Victim
Advocate
Victim
2. Responds to victim’s immediate needs (medical, safety, etc.). Provides accompaniments.
SARC
Command
3. Explains reporting options and obtains victim’s signature on Victim Reporting Preference Statement (DD2910)
HCP
4. Collects information to give to SARC for DSAID entries MP
5. Notifies SARC when non-SARC referral
DRC
SAPR VAs are your first responders. They are usually the introduction to the SAPR Program for victims. There should be information around the installation, as well as on the ship, identifying these individuals. All SAPR VAs are Defense Sexual Assault Advocate Certification Program certified, i.e., they have received training and completed a screening process to serve in this role.
The new Deployed Resiliency Counselor (DRC) position is an independently-licensed clinical counselor, who provides support services to deployed forces aboard a ship while afloat and at homeport. The DRC reports to the Fleet and Family Support Center director for administrative support and clinical supervision. The primary purpose of the DRC is to provide short-term, solution-focused individual and group counseling on commonly occurring life situations, and education on resiliency/wellness topics. The DRC serves as a liaison to the homeport Sexual Assault Response Coordinator, providing immediate sexual assault response and coordination for allegations of sexual assault.
The DRC is included as a source of reports for SAPR.
6. Provides initial services to victim (stabilizes and provides needed resources)
MRE 514: Victims can claim privilege and not disclose confidential communication made to the Unit SAPR VA
Follow-up Response
7. Provides victim with ongoing resources and services, as requested by victim
8. Closes case when victim no longer wishes to have advocacy and case is fully adjudicated

13. SAPR Program Personnel
Sexual Assault Response Coordinator (SARC)
-- Builds and maintains liaisons with first responders, both military and civilian-based
-- Provides oversight to SAPR VAs by monitoring their performance and response to victims of sexual assault
-- Responsible for promoting awareness and prevention via Sexual Assault Awareness Month (SAAM)
Unit SAPR Victim Advocate (SAPR VA)
-- Provides crisis intervention, referral and ongoing non-clinical support to the sexual assault victim, upon request
-- Informs victims of their reporting options
-- Informs victims of their options to use service providers (e.g., medical, legal and chaplain) and other appropriate resources
The Unit SAPR VA may be an active-duty service member or a civilian. For military volunteers, the role of SAPR VA is a collateral duty. When acting as SAPR victim advocates, they report directly to the installation SARC. They contact the SARC when reporting disclosures of sexual assault, not an immediate superior or the commanding officer.
The Unit SAPR VA’s role within the command is to:
Maintain the privacy and confidentiality of the victim.
Advocate for the victim.
Provide support, information, and education to the victim.
Provide information on medical, investigative, and legal services.
Accompany the victim to interviews and appointments, if requested.
Perform crisis intervention with the victim.
Collaborate with SARC and Sexual Assault Case Management Group (SACMG) members to ensure the victim’s needs are met (only applies to unrestricted reports).

14. Reporting Options

15. Restricted Reporting Option
A restricted report can be made to a SARC, a SAPR VA, or health care personnel (including Deployed Resiliency Counselors).
It gives victims access to medical, counseling, advocacy, legal, and chaplain services.
Restricted reporting does not trigger an official investigation or command notification.
It helps build victims’ trust in the system to encourage further reporting.
Confidentiality is a critical part of the Sexual Assault Prevention and Response (SAPR) Program. The DoD confidentiality policy permits victims of sexual assault to report the crime to the SARC, SAPR VA, or health care provider, who can then ensure the victim receives medical care, treatment, legal assistance, and counseling on a confidential basis with or without notifying command or law enforcement officials. These specified or “covered” individuals include the Sexual Assault Response Coordinator (SARC), SAPR Victim Advocates (VAs), health care providers (HCPs), and chaplains.
Restricted reporting is available to U.S. Armed Forces military personnel and their adult dependents. Military personnel include members on active duty and members of the Reserve component (Reserve and National Guard). Adult dependents, 18 years of age and older, are eligible when sexually assaulted by someone other than their spouse or intimate partner. DoD civilian employees are not eligible for a restricted report. All civilian reports are unrestricted and must be reported to law enforcement.

16. Unrestricted Reporting Option
An unrestricted report can be made to a SARC, a SAPR VA, health care personnel (including Deployed Resiliency Counselors), law enforcement, or chain of command.
It ensures the widest range of rights and protections to the victim.
It activates command support (e.g., Military Protective Orders - MPOs, separation from offender, deferred collateral misconduct, expedited transfers, etc.).
A full investigation enhances the opportunity to hold offender(s) accountable (e.g., crime scene, witness interviews, suspect interrogation).
It may encourage other victims to come forward.
It enhances community safety.
Unrestricted Reporting, the process for reporting a sexual assault, has been in place since the beginning of the SAPR Program. The primary purpose of victim reporting options is to ensure victims of sexual assault receive medical, counseling and advocacy services. For those who would like an investigation of the sexual assault and command notification, Unrestricted Reporting gives the victim the greatest range of access to services and protections.
Victims who choose Unrestricted Reporting will receive crisis intervention, medical treatment, advocacy services, counseling, legal assistance, and command assistance regarding safety and assignment. With Unrestricted Reporting, the standard chain of command is followed. It is important to know that if a victim inadvertently makes an Unrestricted Report (e.g., tells someone in the chain of command), nothing in the Navy confidentiality policy requires the victim to participate in any criminal justice investigation that is initiated. It is always the victim’s choice whether to participate in an investigation.
This is the preferred reporting option for DoD and DoN.

17. Understanding Consent
Consent is NOT -- Cooperation that results from force, threat or fear -- The failure to verbally or physically resist due to fear -- Implied by prior consent -- Implied by manner of dress -- Possible when someone is incapacitated, unconscious or asleep
Consent MUST encompass
-- Positive and willful participation
-- Voluntary action
-- Knowledge of the act
“Consent” means words or overt acts indicating a freely-given agreement to the sexual conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance, or submission resulting from the perpetrator’s use of force, threat of force, or placing another person in fear, does not constitute consent. A current or previous dating relationship by itself, or the manner of dress of the person involved with the perpetrator in the sexual conduct at issue, shall not constitute consent.
Consent is not simply the absence of no, but ideally is an active and enthusiastic YES!

18. The Relationship Between Alcohol and Sexual Assault
If a person is substantially intoxicated or incapacitated,
he/she cannot legally consent to sex.
Signs that someone may be substantially intoxicated:
Cannot stand or sit without assistance
Staggering or tripping when walking
Passing out or falling asleep
Slurred or loud speech
Vomiting
Perpetrators intentionally use alcohol to facilitate sexual assault by incapacitating the victim or using it themselves to justify or excuse their own actions. Emphasize this during the brief, as many will try to call this “drunk sex,” but it is rape!
In accordance with the Military Judges’ Benchbook, , “Substantially incapacitated and Substantially incapable mean(s) that level of mental impairment due to consumption of alcohol, drugs, or similar substance; while asleep or unconscious; or for other reasons; which rendered the victim unable to appraise the nature of the sexual conduct at issue, unable to physically communicate unwillingness to engage in the sexual conduct at issue, or otherwise unable to make or communicate competent decisions.”
There is a relationship between alcohol and sexual assault.
At least half of all sexual assaults perpetrated by individuals known to the victim involve alcohol consumption by the perpetrator, the victim, or most commonly, both.
[Source:
Regarding alcohol and consent, there is a misperception that if someone has one drink, then they are incapable of consenting; however, an individual can be drinking but not have reached the stage of legal incapacitation. Substantial incapacitation is a legal standard defined as “that level of mental impairment due to consumption of alcohol, drugs, or similar substance which renders the victim unable to appraise the nature of the sexual conduct at issue, unable to physically communicate unwillingness to engage in the sexual conduct at issue, or otherwise unable to make or communicate competent decisions.”

19. Sexual Assault Forensic Exam (SAFE)
Medical exam to collect forensic evidence
Administered by trained medical personnel
Restricted and Unrestricted Reports
Voluntary exam for victim
Evidence is collected using a SAFE Kit, up to hours after sexual assault.
SAFE Kit is only processed if the report is unrestricted.
SAFE Kit is stored for five years for restricted reports.
When a victim decides to submit to an examination, the SAPR VA will either accompany the victim or meet him or her at the medical facility. Ideally, an exam should be completed as soon as possible after the assault, when the chance of obtaining usable physical evidence is greatest. The victim can request to have a SAPR VA present during the examination.
The SAPR VA’s role is to ensure the victim has access to all of the available services and support personnel, and to act as the victim’s advocate in the health care setting. If the victim is not being treated with respect and sensitivity, the SAPR VA and the victim have a right to say so and to request to be cared for by someone else. If this situation arises, the SARC should be notified immediately.
Resources and services vary between different facilities and health care providers. Therefore, the SAPR VA should be aware that he or she may be asked to assist medical staff by doing anything from running for items that are not within the medical staff’s reach (e.g., water, a cup), to clarifying why a procedure is being done after it has been explained by the medical representative. The SAPR VA should make sure that the victim receives information about relevant medical concerns, follow-up medical treatment, and any prescriptions given.

20. Prevention Strategies and Behaviors

21. Bystander Intervention
Be an active bystander: Intervene if you witness a situation that could lead to sexual assault.
-- Direct Intervention: Directly speak with the person about possibly violating the law and codes of conduct, or ask if everything is okay.
-- Indirect Intervention: Ask a friend or authority figure to intervene.
-- Distraction: Create a distraction or diversion to remove someone from a risky situation.
-- Protocol: Seek the help of your chain of command or law enforcement.
Bystander Intervention (BI) is a form of sexual assault prevention, meaning that it helps prevent a sexual assault from occurring in the first place. Please note: If you do not feel safe intervening, you should immediately contact security.
BI Training:
-- Challenges and empowers Sailors to take an active role in reducing sexual violence, harassment, and abuse.
-- Raises awareness about the Continuum of Harm behaviors that can lead to battering, sexual harassment, sexual assault, and other forms of abuse.
-- Discourages Sailors from being passive bystanders.
Examples:
Direct Intervention:
-- Go to either the potential perpetrator or victim and ask if everything is okay.
-- Go to the potential perpetrator and tell them you see what they’re doing, and think they could possibly violate the law and/or codes of conduct.
-- Tell the potential perpetrator to leave the potential victim alone.
-- Ask the potential victim if she or he would like any help getting home safely.
Indirect Intervention:
-- Go find another member of your unit and ask them for help.
-- Go find the potential perpetrator or victim’s friends and urge them to remove him or her from the situation.
Distraction:
-- Tell the potential victim that their friends are looking for them.
-- Tell the potential perpetrator that their friends are looking for them, etc.
Protocol:
-- Alert an authority figure if you are concerned that a situation could lead to sexual assault.
-- Enlist your chain of command.
-- Call law enforcement.
Brief Activity (Facilitator-led):
“Look to the person to your left and to your right. Take a moment to reflect on how you will have this person’s back while you are out on deployment.
If you see them in a situation that may lead to sexual assault (e.g., if someone is being aggressive toward them):
What could you say or do to prevent the situation from escalating?
What are some direct interventions?
What are some indirect interventions?
Who could you call upon to help you in a situation like this?”
Stepping in can make a BIG difference. When others see you intervening, they are more likely to step up and intervene as well.
Who is responsible for preventing sexual assault? EVERYONE in the DoN community!

22. Resources

23. DoD Safe Helpline
Safe Helpline is the DoD crisis hotline, which is available 24/7.
Toll-Free:
Text: (CONUS) or (OCONUS)
Online:
Safe Helpline is the DoD crisis hotline, which is available 24/7.
-- Toll-Free:
-- Text: (CONUS) or (OCONUS)
-- Online:

24. Questions?